Crown stays home invasion charges; accused pleads to weapons offence

In the summer of 2015, two men dressed in what were described as “city worker” outfits, masks and gloves forced their way into a house where they tied up and menaced the couple living there.

Two suspects were arrested and charged but, after a judge determined she couldn’t be certain about the role of one, the role of the second ended up being called into question.

On Monday, the most serious charges were brought to an end as they pertained to the second accused, Martin Dennis Labonte.

Last month, 27-year-old Brian Robert Morrisseau was handed the equivalent of a seven-year sentence, having pleaded guilty in November to break, enter and commit robbery and other offences in relation to the July 28, 2015 incident.

But while Morrisseau admitted to playing a role, he denied having actually entered the house, claiming he’d merely been the getaway driver.

Crown prosecutor Maura Landry had sought to prove Morrisseau had, in fact, been one of two men who entered the Regent Street house, pointing to Morrisseau’s DNA located on duct tape used to tie up the two complainants.

But Queen’s Bench Justice Catherine Dawson found evidence presented by the Crown was insufficient on that count. During the sentencing hearing, court heard from both complainants, who each said the masked men never removed their gloves during the approximate 25 minutes they were inside the house.

And while the male complainant told the court he recognized the voice of one of the intruders as Morrisseau — who had worked for his flooring business in the past — he admitted he could only be “60 per cent” sure.

With the Crown unable to concretely put Morrisseau in the house, it was likely to face similar issues with Labonte.

Labonte appeared at Regina Court of Queen’s Bench on Monday for what was slated to be the start of his trial but, instead, he pleaded guilty to a charge of possessing a firearm (an air pistol) contrary to a prohibition order. The Crown stayed remaining charges pertaining to Labonte’s alleged role in the home invasion, Landry telling the court there wasn’t a “reasonable likelihood of conviction.”

The charge to which Labonte pleaded guilty related to his arrest later on the July date, when police found a handgun-style air pistol on him that met the definition of a firearm under the Criminal Code. At the time Labonte — who has a significant criminal history, including for violence and weapons offences — was on a lifetime prohibition from possessing firearms.

Labonte received a time-served sentence and a 12-month probation order.

Now 45, Labonte told the court he is working on raising his children and is “trying to get back on track” for them.

Defence lawyer Carson Demmans noted that although his client has a long record, there is a substantial gap prior to 2015.

The home invasion charges pertained to an incident in which two men clad in orange “city worker” clothing tried to enter the house by claiming there was a gas leak in the area requiring them to check the meter. When the ruse failed, one of them pulled a handgun.

The suspects tied up the couple and repeatedly threatened to shoot or stab them while looking for items to steal.

The male complainant wrote a victim impact statement saying he was so shaken by the incident that he left Regina.